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Florida Statute 727.112 | Lawyer Caselaw & Research
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F.S. 727.112 Case Law from Google Scholar Google Search for Amendments to 727.112

The 2024 Florida Statutes

Title XLI
STATUTE OF FRAUDS, FRAUDULENT TRANSFERS, AND GENERAL ASSIGNMENTS
Chapter 727
GENERAL ASSIGNMENTS
View Entire Chapter
F.S. 727.112
727.112 Proof of claim.
(1) All claims other than claims of creditors with liens on assets of the estate, whether contingent, liquidated, unliquidated, or disputed, which arose prior to the filing date, must be filed in accordance with the provisions of this chapter, and any such claim not so filed is barred from any further recovery against the estate.
(2) Claims shall be filed by delivering the claim to the assignee within 120 days from the filing date unless for cause shown.
(3) Claims shall be in written form entitled “proof of claim,” setting forth the name and address of the creditor and the nature and amount of the claim, and executed by the creditor or the creditor’s authorized agent.
(4) When a claim or an interest in property of the assignor securing the claim is based on a writing, the original or a copy of such writing shall be filed with the proof of claim, together with evidence of perfection of any security interest, if applicable.
(5) A proof of claim, executed and delivered in accordance with this section, shall constitute prima facie evidence of the validity and amount of the claim.
(6) If a claim for damages results from the assignee’s rejection of a lease of real property, the claim shall be limited to:
(a) The rent reserved by such lease, without acceleration, for the greater of 1 year or 15 percent of the remaining term of the lease, following the earlier of the date of assignment or the date on which the lessor repossessed, or the lessee surrendered, the leased property; and
(b)1. Any unpaid rent due under the lease, without acceleration, on the earlier of the dates specified in paragraph (a);
2. Reasonable attorney’s fees and costs incurred by the lessor in connection with the lease; and
3. The lessor’s reasonable costs incurred in reletting the premises previously leased by the assignor.
(7) If a claim for damages results from the termination of an employment contract, the claim shall be limited to:
(a) The compensation provided by the contract, without acceleration, for 1 year following the earlier of the date of assignment or the date on which the assignor or assignee, as applicable, directed the employee to terminate, or such employee terminated, performance under the contract; and
(b) Any unpaid compensation due under the contract, without acceleration, on the earlier of the dates specified in paragraph (a).
History.s. 12, ch. 87-174; s. 10, ch. 2007-185.

F.S. 727.112 on Google Scholar

F.S. 727.112 on Casetext

Amendments to 727.112


Arrestable Offenses / Crimes under Fla. Stat. 727.112
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 727.112.



Annotations, Discussions, Cases:

Cases Citing Statute 727.112

Total Results: 3

Hillsborough County v. Lanier

Court: District Court of Appeal of Florida | Date Filed: 2005-03-09

Citation: 898 So. 2d 141, 2005 WL 544208

Snippet: required to file proofs of claim pursuant to section 727.112. Claims, whether contingent, liquidated, unliquidated

Moecker v. Antoine

Court: District Court of Appeal of Florida | Date Filed: 2003-03-13

Citation: 845 So. 2d 904, 2003 WL 1086514

Snippet: and were therefore not allowable under section 727.112(1), Florida Statutes (1997), and that the appellees'

Dougherty v. State

Court: District Court of Appeal of Florida | Date Filed: 2002-04-03

Citation: 813 So. 2d 217, 2002 WL 496962

Snippet: due process. Morgan v. Illinois, 504 U.S. 719, 727, 112 S.Ct. 2222, 119 L.Ed.2d 492 (1992). At trial,